Aditya Raj @ Ankit Singh @ Ankit Kumar @ Ankit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74163 of 2022 Arising Out of PS. Case No.-357 Year-2022 Thana- GAIGHAT District- Muzaffarpur ====================================================== Aditya Raj @ Ankit Singh @ Ankit Kumar @ Ankit Son of Late Ram Kumar Singh @ Shailendra Singh @ Shailendra Kumar Singh Resident of village - Kothiya Pura, P.S.- Gayghat, District - Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 22.08.2022 in connection with Gayghat P.S. Case No. 357 of 2022, F.I.R. dated 29.07.2022 for the offences punishable under Sections 341, 342, 323, 307, 504, 506, 386, 427 and 120(B)/34 of the Indian Penal Code.

According to prosecution case, all the accused persons including the petitioner have demanded Rs. 1 lakh as Rangdari from the informant and threatened him to pay the amount else

Patna High Court CR. MISC. No.74163 of 2022(3) dt.21-06-2023 2/3 he will be killed.

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has never demanded any Rangdari from the informant. He further submits that due to previous dispute, the petitioner has falsely been implicated in the present case. He further submits that Rs. 2,000/- has been recovered from the possession of the petitioner and the same belongs to the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 22.08.2022. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries eight criminal antecedents other than the present one but fairly submits that he is on bail in seven cases out of eight cases.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Gayghat

Patna High Court CR. MISC. No.74163 of 2022(3) dt.21-06-2023 3/3 P.S. Case No. 357 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T